Ex parte LIPPA et al. - Page 11




                     Appeal No. 1998-0659                                                                                                                                              
                     Application No. 08/264,527                                                                                                                                        

                     electrical stimulation and using electrodes.  Furthermore,                                                                                                        
                     Matsushima discloses  using a carrier frequency near 30 kHz16                                                                                                                     
                     and stimulation signals of which 10 Hz, which was the lowest                                                                                                      
                     frequency among the comparisons, and the one which most                                                                                                           
                     strongly suppressed the tinnitus.  Thus the Matsushima                                                                                                            
                     tinnitus suppressor operates in the ultrasonic frequency                                                                                                          
                     range.                                                                                                                                                            
                                Therefore, as both Matsushima's and Appellants' apparatus                                                                                              
                     supply electrical noise signals in the ultrasonic frequency                                                                                                       
                     range to the patient, this section of the claimed "means for                                                                                                      
                     generating a masking noise signal in an ultrasonic frequency                                                                                                      
                     range" is disclosed by Matsushita.                                                                                                                                
                                Finally, claim 1 recites "means for applying said masking                                                                                              
                     noise signal physically to a selected body part of said                                                                                                           
                     patient to alleviate said symptoms caused by tinnitus."  These                                                                                                    
                     means are the electrodes which are implanted in the patient’s                                                                                                     
                     ear as discussed in the second paragraph above.                                                                                                                   
                                Appellants' argument that Matsushima teaches that the 30                                                                                               
                     kHz conduction frequency relates to the magnetic coupling                                                                                                         
                     system between the coils of this reference and has nothing to                                                                                                     

                                16  Section 8, first paragraph.                                                                                                                        
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